A Step Back to Square One? California Court of Appeal Elevates UPA Protection of Competitors Over Protection of Competition in Newspaper Ad Dispute

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On August 11, 2010, the California Court of Appeal for the First District upheld a jury verdict in favor of plaintiff Bay Guardian Company against defendants New Times Media LLC and San Francisco Weekly, finding that a claim of unfair competition based on below-cost sales of advertising did not require proof of the defendant's ability to recoup losses by subsequent monopoly pricing. See Bay Guardian Company v. New Times Media LLC, 2010 WL 3156631 (Cal.App.1 Dist, Aug. 11, 2010).

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